re-land registry

kingstreet

joe134 wrote: »

Hi G_M, done it, but aint much good.
Obviously I cannot post on here,all personal. but it wouldn,t let me copy/paste anyway. saved and printed it.
Firstly it gives a Title Number.
Secondly it gives address
Thirdly it gives Stated Price ;;Not available
Fouthly it gives names of my daughter and OH and address
Lastly it gives Lender, Santander
That,s it, not even the price. No mention of tennancy

Did you search the Proprietorship Register, as I suggested in post #9?

Fire_Fox

joe134 wrote: »

Hi Fire Fox..yes offered to do it myself, daughter won,t, even though the solicitor said she can,( JUST this week ) and me 6 months ago .He told her he would just rebrick it up;;;;;yes, anyone who does that isn,t right in the head;;;verbally yes. he has hit her once;;;trying to the last part.

If he is abusive and mentally unstable get a family solicitor to get him out!

joe134

kingstreet wrote: »

Did you search the Proprietorship Register, as I suggested in post #9?

Hi Kingstreet, sorry but I,m a bit confused.
The details I,ve got for my £3 are as posted.
A:B:C
A;;Property Register.
B;Propriettorship Register xx
C;Charges Register;
TITLE ABSOLUTE;
Under B, Proprietorship Reg it gives. xx
1;09.10.2006 and my daughters name and OH,s nane and address
2;19.08.2004 The price stated to have been paid on 19/7/2004 was £36,575
No mention of TIC or JT or other.

kingstreet

Like I said, I've never done it before, but the LandReg rep seems to think it should be visible. Wait for them to come back tomorrow and see what they say.

Johnhowell

Joe134,

Richard Webster quote:
"If there is a "restriction on disposition" by the sole survivor of more than one joint proprietor then they were tenants in common. If not then they were joint tenants."

So as Kingstreet asks re-check the Title Register for that wording.
However, as you have found out the Register does not state the proportion if unequal TiC. Regardless, your daughter is named as Proprietor so she does have an interest in the property.

May I suggest your daughter sees a solicitor specilising in family law. She can apply for an Occupation Order and even a Non-molestation Order against her OH. Has she ever reported him to the Police for Common Assault?
She will be asked to write a Statement detailing her position, the solicitor will re-write it into legal terminology. Be frank, not emotional, just the fact of his treatment against her.
I went through this and OH did not get Occupation but we agreed on Undertakings (signed agreement in front of a Judge) to share the property without "conflict". Keep a diary of any breaches of the Undertakings and inform her solicitor - because a breach could lead to 2 years in prison.

Your daughter could then apply to the court for Force of Sale Order.

Good luck.

joe134

Johnhowell wrote: »

Joe134,

Richard Webster quote:
"If there is a "restriction on disposition" by the sole survivor of more than one joint proprietor then they were tenants in common. If not then they were joint tenants."

So as Kingstreet asks re-check the Title Register for that wording.
However, as you have found out the Register does not state the proportion if unequal TiC. Regardless, your daughter is named as Proprietor so she does have an interest in the property.

May I suggest your daughter sees a solicitor specilising in family law. She can apply for an Occupation Order and even a Non-molestation Order against her OH. Has she ever reported him to the Police for Common Assault?
She will be asked to write a Statement detailing her position, the solicitor will re-write it into legal terminology. Be frank, not emotional, just the fact of his treatment against her.
I went through this and OH did not get Occupation but we agreed on Undertakings (signed agreement in front of a Judge) to share the property without "conflict". Keep a diary of any breaches of the Undertakings and inform her solicitor - because a breach could lead to 2 years in prison.

Your daughter could then apply to the court for Force of Sale Order.

Good luck.

Hi Thankyou for your very helpful letter."If there is a "restriction on disposition" by the sole survivor of more than one joint proprietor then they were tenants in common. If not then they were joint tenants."
Cannot find any of these words anywhere on paperwork from LR, so "presume" they are JT.
Regarding your ;advice,

That,s exactly the route I have forced my Daughter to take ,but, have been telling her to do it for 12 months. She is afraid of him, but won,t admit it. He,s is very persuasive, manipulative, and 12 years older than her.
We are 70,and told her what was happening, I personally phoned the police when he bricked the wall, dividing the home in two. Said they cannot get involved. Council etc, fire service, safety people were all informed, it was even put up for sale, signed by them both, hence the offer to buy, but he just pulls out of everything at last minute.He,s taken his name off the for sale, so estate agent refuses to send other viewers, hence my inquiry about TIC ?
My daughters is guilty of being stupid, naive, believing everything he promised her, he,s evil, split the family apart, BUT, she,s my Daughter, and I will see him have his day.
The Land Reg, proved something, I didn,t know,
1;The house she rented was bought in her own name
from the council,under right to buy scheme, he had moved in then, after evicting her and child from his home, .which he then sold.
2;The house was remortgaged again still in my daughters name only, providing him with £30k to venture into spain
3;His name, only came on the deeds, after another £43k remortgage ,and change of lender, again for spain, that,s when TIC or JT may have occurred , but it certainly is not visible on download printout.
Sorry this is turning into a saga, I was on BR thread for months in FEB until I cleared her debts, which he spent.
The solicitor is going for a force of sale order, in her name only if he doesn,t cooperate, through the courts, it has to end;
Thanks again, so sorry for monologue, all this to find a TIC or JT.
Jeremy Kyle,s had nothing like this on his show.:A
Appreciate all the advice, THANKYOU.

GDB2222

Hi Joe, just to be 100% clear - do the following words appear on the document?

“No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.”

Yes or no?

joe134

GDB2222 wrote: »

Hi Joe, just to be 100% clear - do the following words appear on the document?

“No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.”

Yes or no?

Hi GDB2222, sorry for delay. NO

GDB2222

Then, rather unusually, it's a joint tenancy.

joe134

GDB2222 wrote: »

I think you made a mistake by paying to sort out your daughter's debts. As things have turned out, it would have been far, far better for her to go bankrupt. Then she could have taken her personal possessions and come and lived with you. Or you could used the money on accommodation for her. Her trustee in bankruptcy could then have dealt with the ex-boyfriend, and she'd have been well out of it.

Unless there's loads of equity in the house, I wonder whether that's still a better plan than what you are doing? Do you have any idea what spanish debts she has? You realise that spanish property values have halved?

Hi, Again, Yes, you are right, in feb when this was landed in my lap, I thought I was doing right, but on hindsight, I was wrong.
Her house here, the one in LR, is Mortgaged, interest only, now for £113995, been offered £130000, so barely any equity, just enough to clear the mortgage and costs.
SPAIN;;;
This is another saga altogether.
She has just returned, again, against my advice, they owned a old spanish townhouse, no mortgage, rented @£200pcm.
The renter, wanted to buy, so, like a fool she signed, and sold, for £50000, BUT, her OH, borrowed £10000 from the renter so that was deducted, then he owed his sister £10k , so that was deducted, and legal fees, she came home with 2 Nationwide cheques, made out for £5K, personal from the rentors, friends,? and is supposed to receive another £2k when notory finalises paperwork, supposed to be a month, this was 6 weeks ago. She,s had or heard nothing.
To add to the saga,(don,t laugh it,s unbelievable) .her OH, used money £46k and purchased 3 derelict properties, in a row, outstanding mortgage when she went to spain was £74000, value ??????????paid £130k, 1 nearly finished,ready to habitate.
She told me they asked the bank to take it back, they said they would freeze everything, and have it valued, see what the result is, the notary phoned an estate agent, the one it was up for sale with, and was told,they may have a buyer for £74000 to clear thier mortgage.(you like me, smell a rat )?
Nothing,s happened since her return on anything, they also own a plot of land, asking £15k.>£20k, her names not on it.
Zilch, nada mass.
The status quo is limbo, what a stupid daughter eh;50 last month;;;acting like a child, and has a responsible job, she,s good at, that,s why I bailed her out, didn,t want her job jeapordised?.I will not help anymore financially except for legal fees to sell main house..advice yes;, but, she just goes against all I say.
Never ending.
Sorry it,s so long, but, honest, this is just a precis'
Thanks for replying, much appreciated.